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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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My lawyer advised me to file bankruptancy during divorce ...

Customer Question

My lawyer advised me to file bankruptancy during divorce proceeding. My ex has 401k and stock plus owed me back pay on bills he was court ordered to pay. We just went to court for final hearing, settlement was for $2500 because I filed bankruptacny although he has $37,000 in 401k and $60,000 in stock plus owed me $23,000 in back pay on bills that was court ordered. I still owe $8,400 in college loans and $19,000 on a loan that I didn''t file in bankruptancy. Was this fair?
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 9 years ago.


I am sure nothing feels fair right now, and it may never be. Was there a reason you did not get a portion of his $37K 401K and the stock?

I can understand since the bills he owed you on are now gone through bankruptcy, he wouldn't be required to pay you for them, that part makes sense. I don't see how he didn't have to share a 401K or stock unless they were not considered marital assets.

The college loans are not dischargeable in bankrutpcy but the 19K loan is should you need to file bankrupcy again-I am sure that is not a wonderful prospect at this time.

I would discuss the settlement with your attorney and have them explain why this was done the way it was in detail. I am sorry you got dragged through the system with not much result.